issue #35 may www. portlandcopwatch. org 2005

DIRECTOR LEAVES REVIEW BOARD COUNCIL POSTPONES Legacy of Minimizing Citizen Involvement May TERRORISM TASK FORCE VOTE Persist; Only One Hearing Held in Three Months Resolution for More Oversight Draws Community Support, FBI Criticism ichard Rosenthal, whose exploits this newsletter has covered since he moved to Portland to be the first Director of the n March 30, R“Independent” Police Review Division (IPR), has taken a job after a four- in Denver, CO and will be leaving in June. Meanwhile, the Citizen O hour-plus Review Committee (CRC) hearing on Mayor continues to spend most of its Tom Potter and time revising its protocols, Commissioner having heard only one case in Randy Leonard’s 2005. Rosenthal rejected an resolution appeal on a previous case, requiring more Panel on Racial Profiling returned incomplete by the civilian oversight of the Portland Portland FBI head Robert Jordan seemed Police Internal Affairs Division nervous at Council, as documented on page 1 of (IAD). Also, he and his boss, Joint Terrorism Auditor Gary Blackmer, rammed Task Force (PJTTF) (and all federal-local task forces), City through a change to the IPR Council voted 3-2 to postpone the vote until April 20. At PPR deadline, that date was again moved to April 27. ordinance ostensibly allowing Rosenthal heads for the hills: The IPR’s first them to review legal claims director found a more lucrative job in late The PJTTF struggle has been going on since 2000, when about police as complaints. March; he will likely be replaced in June. Portland Copwatch discovered the existence of the group While the original ordinance creating the IPR in 2001 carved which deputizes Portland “Criminal Intelligence Unit” (CIU) out many responsibilities for the CRC, Director Rosenthal and officers as federal agents and allows them to work with the Auditor Blackmer have used administrative and legislative FBI tracking broadly defined terrorist threats (see PPRs #23, changes to minimize citizen involvement. Despite current plans 25, 28 & 31). Each year since then, community demands for to create a “Community Advisory Council” (CAC) the CRC may more oversight and/or withdrawal from the PJTTF have be hopelessly disconnected from the community. led to more concessions from the FBI. (continued on p. 6) For instance, previous work groups of the CRC (1) reviewed police policies and proposed changes, and (2) discussed outreach efforts for the IPR/CRC program, providing broad, ongoing and meaningful activity. The current work groups are set up as short- term to (1) revise the procedures for appeal hearings on cases of alleged police misconduct and (2) create the CAC. The CAC is envisioned to include “leaders” of community groups who are stakeholders in the issue of police accountability. This reflects the kind of citizen involvement Portland Copwatch proposed for the appointment of review board members orginally in 1993 and later in 2002, when the Director and Auditor took away the CRC’s powers to FIVE PORTLAND POLICE choose their new members. However, the CAC as proposed will meet SHOOTINGS: TWO DEAD, ONE only twice a year, once to review the IPR’s annual report. It appears WOUNDED, TWO MISSED that this group could become a rubber stamp and a fig leaf for the IPR ÐAND ONE DAMAGED CLOSET to hide behind when their connection to the community is challenged. One man shot wielded an umbrella, Even though CRC members are and have included members of two others had knives, two were driving Neighborhood Associations, the editor of a homeless community newspaper, and members of other community groups, Director n the first three months of 2005, Portland Police were Rosenthal has indicated that he wants to have the CAC reflect those involved in five shootings, more than the total number kinds of organizations but keep the CRC free of what he calls “agendas.” I of shootings in each of 2003 and 2004. What will likely happen, as the IPR continues to whittle away at the The most controversial, perhaps, was the shooting of CRC’s powers and duties, is that Portland will be left (continued on p. 2) Ronald Riebling, 40, who was killed after he allegedly pointed an umbrella wrapped in a towel at police early insideinside ¥ Sit/Lie Ordinance open to selective enforcement...4 in the morning of March 20. Riebling was shot by officer thisthis ¥ Tasers increase in numbers, scrutiny...... 7 ¥ Attorney General issues report on police shootings...9 Terry Kruger (#21778), who also shot Deontae Keller issueissue in February, 1996 (see PPR #9). (continued on p. 8) PEOPLE’S POLICE REPORT #35 MAY 2005 IPR Director Leaves Legacy of Minimizing Citizen Input (continued from p. 1) with the 9-member IPR staff and the CAC, but no civilian review board. The creation of a work group seeking to revise appeal hearings is based on the premise that hearings do not satisfy anyone’s needs and should be overhauled. This could mean the end of the appeal hearings and, since policy reviews are now being done by the IPR staff, the CRC will be left with no purpose. Three important reasons for the CRC to hold hearings are: 1) To give the complainant a “day in court” and the chance to change the outcome of their case; 2) to reveal both to the CRC and the public policy and training issues which may need attention, and 3) to make the process of police accountability transparent. Given the opportunity to work with a new Director, we hope the City Council, now led by a new Mayor, and the public will step up to create improvements to the review board. No public review of the system has been done in the four years since the IPR was created. Tort Claim Proposal: Vague Code Change Passes Quickly Through Council The IPR’s report on “Tort Claims” suggesting that they treat lawsuits as complaints was touted as a way to close the loophole allowing officers found guilty of misconduct in civil court to escape administrative review and discipline for the same incidents (PPR #34). On March 30, the Director and the Auditor presented their proposed changes to Council, who passed them unanimously despite Portland Copwatch’s concerns. We noted, for instance, that the code change merely allows the Director to create a procedure for handling tort claims (notices of intent to sue), and furthermore prohibits the Director, who otherwise has the power to investigate allegations of misconduct if the police refuse to do so, from investigating those claims. We also pointed out that this marked the third piecemeal change to the ordinance since 2001, while the community has proposed dozens of changes which have fallen on deaf ears. In addition, the proposal doesn’t address the complexities that will arise if a complainant’s attorney advises a client not to participate in an administrative review. The police themselves weren’t at the hearing, so the Auditor assured Council that both they and the City Attorney’s office had dropped their previous objections. CRC Chair Hank Miggins, a friend of Blackmer’s, was the only person to testify in favor of the amendments. Pepper-Spray Protestor Case Squelched as Police, Director, Auditor, City Attorney Sidestep Request of CRC The Director, with help from the Auditor and City Attorney, decided to put an end to the appeal process in case #2004-x-003 regarding Bill Ellis, a protestor who was pepper-sprayed in the face and arrested after standing on a sidewalk (see PPR #33). They claimed his participation in the lawsuit resulting in a $300,000 settlement (PPR #34) precluded his ability to appeal. However, IAD did not perform the actions requested of it when the CRC returned the case to them in May, 2004. Specifically, they did not re-investigate three excessive force complaints (#1-3) along with a false arrest complaint (#4). The IAD “completed” their second investigation without speaking to the appellant in late 2004. Their investigation on question #4, whether the arrest itself was inappropriate (since the appellant was not blocking traffic), came back with an “Unfounded” finding. The Bureau then also investigated a new allegation, finding “Insufficient Evidence” that the officer, Leo Besner (#27981) filed a false report on the incident—meaning Besner may have done so. However, this allegation was not part of the CRC’s recommendation to the IAD. The Director, in consultation with the Auditor and City Attorney, decided that the complainant had waived his right to appeal as part of the settlement with the City. This curious interpretation appears to have happened without consulting the appellant or his attorney, not to mention the CRC. The dismissal of this case contradicts the Director’s proposal to treat tort claims as complaints. When Ellis’ Attorney, Steve Sherlag, wrote to the IPR requesting an appeal, Director Rosenthal did not share the letter with the CRC. He presented the case in the “Director’s report” instead of using other established protocols for the CRC to decide whether to accept an appeal. The Director cited the settlement’s provision that Ellis will not make any further “claim” based on the incident. Rosenthal said he considers the complaint a “claim” because if Besner were suspended without pay, it would cause him economic hardship. But suspension would not benefit Ellis or his attorneyÐit would be a disciplinary matter to prevent such misconduct in the future. As with the case of José Santos Victor Mejía Poot, who was beaten and two days later shot and killed by police (see PPRs #24&28), the Director has prohibited the CRC from hearing a case important to the community. One minor benefit of this case is that the CRC decided to move up its review of crowd control tactics (by a narrow 4-3 vote). That review may improve policy and training, but will do nothing to hold accountable the officers or supervisors who were responsible for the misconduct at the protests involved in the lawsuit. Case 2004-x-007: Police Rough Up Attorney and Friend for Flunking Attitude Test In January, the CRC held its first full hearing in 7 months, featuring case #2004-x-007, in which attorney Heather Bissel and her friend were roughed up by police while observing a traffic stop. Bissel The attorney (L) for Officer Jason Lile (2nd from L) and three friends (“the appellants”) witnessed police stopping a black man driving in a car with a white makes a point during the January hearing on case 2004-x-007. The CRC ultimately decided Lile did not woman. The officers yelled at the appellants to move, and apparently two of them did not move fast use excessive force although the IPR Director had enough for the officers. City Code allows for officers to restrict access to any area in cases involving recommended a finding of “Insufficient Evidence.” significant risk. They cannot, however, order civilians to stop observing them from a safe distance. Officer Jason Lile (#38941), who testified at the CRC hearing, showed his bias by accusing Bissel of being on an “anti-police crusade” and trying to bring up her previous activities in other cities. (He was cautioned on those comments by most of the CRC and IPR.) He also referred to the driver in the traffic stop as a “gang member” rather than simply a suspect–a person accused of Driving While Suspended, not a gang crime. The appellants were arrested and charged with Interfering with a Police Officer, charges which were later dropped. This particular statute has been challenged in court and a similar statute, regarding “following a lawful order” of an officer, was recently struck down by the Oregon Supreme Court (see p. 3). Thus, the allegation that the officer may have conducted a false arrest, which was deemed “irrelevant” by the IPR, is relevant and should be investigated. This sounds like another case of “flunking the attitude test,” where an officer unhappy with a civilian’s behavior makes up a reason to take them into custody. Allegations of excessive force include that the officer smashed the face of Bissel’s companion into the sidewalk while he was handcuffed, tackled Bissel and jammed her face into the cement, resulting in scratches and bleeding. The appellant’s friend, who apparently was asserting his right to observe by asking exactly where the officer wanted him to stand, ended up receiving 4-6 stitches; Officer Lile said there was no excessive force because he didn’t use “pepper spray, a Taser or baton,” and the appellants weren’t “ hit, kicked, or kneed.” This seems to be a recurring defense by the Bureau: rather than asking whether the amount of force used was a reasonable amount to accomplish an official purpose, they simply list the violent actions they did not use. (continued on p. 3) page 2 MAY 2005 PEOPLE’S POLICE REPORT #35 IPR Minimizes Citizen Input; Holds Retreat with New CRC Members (continued from p. 2) Much of the CRC’s discussion had to do with two items board since 1999, and who on rare occasions spoke out about which had no direct bearing on whether the officer used excessive problems with the IPR system, was not granted a new term. force. The first was whether the original stop was a “high risk” stop During the CRC’s February 26 retreat, the Director and (implying the presence of weapons) or an “unknown risk” stop. Auditor made disparaging statements about Portland The second focus was on the fact that the two people who were Copwatch and member Dan Handelman. Invited to give input, thrown to the ground by a police officer had been out having Handelman pointed out that one reason the IPR may not have drinks prior to the incident. Because they were not brought to credibility is that civilians might not trust a system in which Detox (for being “unable to care for themselves” or “ a danger to police investigate other police. Blackmer blurted out: “I don’t themselves or others”), it seems this was just a means to discredit know that anyone in this them in order to justify upholding the Bureau’s actions. room has done more to The IPR had recommended that the excessive force findings undermine the credibility be changed from “Exonerated” to “Insufficient Evidence,” but of police accountability the Bureau refused. The CRC ultimately voted 4-3 to uphold the than Dan Handelman,” Bureau’s original findings, in part because the Director actively changing his claim to discouraged them from sending the case back for more target Portland Copwatch investigation. More than one CRC member mentioned that they when called on the thought the officer’s actions were “reasonable.” However, the CRC personal attack. Director is supposed to be judging whether a reasonable person, given the Rosenthal, who had (image from: portlandonline.com) IPR Director Rosenthal and Auditor Blackmer evidence, could come to the same conclusion as the Bureau. While made comments about scrambled for answers when Commissioner we still find this standard too restrictive, it is not about judging the IPR not wanting to Sam Adams asked why he hadn’t seen the whether the officer’s actions were reasonable, but whether they “waste time” replying to applications of new CRC members on February were within Bureau policy and whether the finding reflects that. emails from PCW, 23. As it happens, City Code 3.21.100 requires Council to review those applications. As a side note, the CRC refused to review medical documents chimed in that “Dan just they had requested at the December pre-hearing, explaining they wants to change the ordinance because he didn’t like it...he’s had wanted the documents to be produced earlier. The ordinance argued against it from the very beginning.” Another item of note from (section 3.21.160[B]) specifically allows the CRC to consider new While Handelman and PCW have issues the retreat: The review information as part of a hearing. When this was pointed out to the with the IPR structure, most of our board’s packets included only one short section of CRC members, they still refused to re-open the case. suggestions are to make the IPR more open, the overall ordinance, and Case 2004-x-009: Domestic Violence is Bad, So Is Police Violence transparent, accountable, and citizen-based one member of the CRC using the ordinance as written. Meanwhile, admitted that she had The other case heard as a “pre-hearing” in December involved never read the whole officers who came to the apartment of a man who may have shoved the Director and the Auditor have now his wife during an argument in their home. We support prosecuting changed the IPR ordinance three times with limited public input. people who engage in domestic violence. However, the CRC did not Just who has been unhappy with the IPR from the beginning? focus on the man’s allegations that an The outcome of these misleading and possibly slanderous officer punched him in the chest (found Outgoing CRC member Ric Alexander, statements is that Handelman has asked for mediation with and one of the three remaining original Rosenthal and Blackmer. They agreed. One CRC member and “Exonerated with a debriefing”), that CRC members, in his final comments, officers pulled a gun on him despite spoke to many of the issues we have one other member of PCW will attend the mediation. his being unarmed (“Insufficient raised about the IPR and CRC: Similar to the power imbalance between the police and the Evidence”), and that they broke his —There are far fewer appeal community, those in charge of the IPR have unlimited time to wrist and did not offer medical hearings now than there once were explain their perspective on the review board, while people who attention (“Unfounded”—meaning it —There is less citizen involvement have studied these systems for years have only three minutes a than there once was and IPR staff month to offer a view that comes from community experience. did not happen as alleged). Instead, the does work that volunteers used to do In addition, since January the IPR and CRC: CRC members repeatedly questioned —A long list of policy issues has the appellant about whether he had hit been generated but not addressed —Created rules to increase public participation. The public will now be allowed his wife, who was apparently in a —The majority of the CRC is made to speak prior to all CRC votes, whereas previously public comment was different room the entire time the up of appointees of the City Council. restricted to the end of meetings and hearings. The IPR will now be required officers were present in the apartment. to forward all emails addressed to the CRC to all CRC members. Previously, The CRC voted 6-1 against holding a hearing. In contrast to Bissel’s the Director and the CRC Chairperson rejected “unsolicited correspondence.” case, the allegation that officers falsely arrested the appellant was —Adopted new protocols for processing complaints at the IPR and Internal considered relevant, but the officers were “exonerated” for the arrest. Affairs. Many concerns raised by members of the public were included in the final adopted document, created by Deputy Director Pete Sandrock. New Members Inducted; CRC Retreat Reveals IPR Agenda —Released a CRC report analyzing 45 cases, fifteen declined by IAD, fifteen In February, City Council inducted three new members of “service complaints,” and fifteen which were investigated. The CRC supported the CRC. Marcella Red Thunder, an auto mechanic, nominated by the choices made in all the cases, though they found one case in which “the Commissioner Sam Adams, Mike Bigham, a former Port of Portland booking photo showing the complainant’s bruises” was not present, two in police officer, and Jerry Spegman, a former attorney who works on which investigations were not thorough, and three findings which they found anti-smoking campaigns. Ric Alexander, who had been on the review inappropriate. Perhaps most disturbing was Sandrock’s comment that the IPR “defers to the Bureau’s interpretation of its own policies.” OREGON COURT OF APPEALS TOSSES OUT “DISOBEYING AN OFFICER” LAW In December 2004, the Oregon Court of Appeals invalidated ORS Both statutes violate the Oregon Constitution because they prohibit 162.247(1)(b), which made disobeying a police officer a crime. The law has the constitutionally protected rights of speech and assembly. A been used by police officers to arrest protesters who did not obey orders to person’s continued attendance at a peaceful assembly and refusal leave protest rallies. Based on a prior ruling by the Oregon Supreme Court to obey an order to disperse is no longer a crime, assuming the in March 2004 which struck down the disorderly conduct statute as person was not engaged in any other illegal activity. unconstitutionally broad (ORS 166.025(1)Ðsee PPR #32), the Court of The ruling is a major victory for protesters engaged in peaceful demonstrations, even Appeals ruled that ORS 162.247(1)(b) was also overly broad. if their intent is to cause inconvenience to others as a way to express a political point.

PEOPLE’S POLICE REPORT #35 MAY 2005 page 3 People’s Police Report MAY 2005

Sit/Lie Opens Door to Selective Enforcement According to Commissioner Sam Adams’ office, as of April 20 there had only been two arrests under the new ordinance—one on n what some consider Mayor Vera Katz’s farewell gift to the Portland Business March 23 and one on March 30. No statistics seem to be available Alliance, on December 15, 2004 the Portland City Council unanimously about how many people are warned, or what their age, gender, I race or housing status may be. More significantly, the police will passed, on an emergency basis, the Obstructions as Nuisances Ordinance, not receive special training about “Sit/Lie,” until sometime in May. which is more commonly referred to as the Sit-Lie Ordinance (see PPR #31). The City Council maintains this Ordinance was the result of many months of meetings by representatives of business, neighborhoods, the homeless community, and law enforcement officials. However, it appears to be classist and directed at a specific population of the community, mainly the poor and the homeless who do not have the options that are open to the more affluent when it comes to needing a place to sit and rest. The end result may be the criminalization of poverty and homelessness. The Ordinance, which has an eighteen month sunset clause, covers the area bounded by the Willamette River, Interstate 5 and Interstate 405. It prohibits sitting, kneeling or creating a trip hazard or obstruction in the through pedestrian zone of a sidewalk, on any part of the sidewalks on the bus mall, on any part of the same sidewalk as a MAX stop, or creating a trip hazard or obstruction between 7:00 a.m. and 7:00 p.m. on any frontage or furnishing zone. The Ordinance also provides that a violation exists if a stationary group of three or more persons stand in a through pedestrian zone. A through pedestrian zone of a sidewalk is defined as consisting of eight feet on a fifteen foot wide sidewalk, six feet on a twelve foot wide sidewalk and five feet wide on a local service walkway. In other definitions which might well be described as convoluted and require the use of various measuring devices, the Ordinance mentions specifics. One defines a trip hazard being a thing or animal that extends to or occupies space more than a half-inch above a sidewalk surface or an object that is “within two feet of a person who is capable of moving or controlling the object to accommodate the needs of other sidewalk users.” Two of the definitions state that “legs extended from a seated person are a trip hazard, but a person who sits or kneels with legs drawn up to the body does not constitute a trip hazard.” The City should soon be producing statistics as to how many warnings and violations of the Ordinance have been issued and to whom they have been issued. The concern is that those who are poor and who have few, if any options of places to sit, lie or stand, will be cited under this Ordinance and the more affluent will not. It is not hard to visualize that four or five people standing in front of the Portland Center for the Performing Arts after attending a play will not be said to be in violation of the Ordinance whereas four or five homeless youths will be. One City Commissioner discussed the Ordinance in terms of “moving them along.” The question must be asked, “To where?” A City staffer indicated there were sufficient benches in the specified area for everyone to be able to sit. That seems quite unlikely given the large homeless population in PortlandÐaccording to a January 26 census by local advocacy groups, at least 2355 people were on the streets that night, mostly in the central city. Commissioner Erik Sten has stated he is confident that safeguards are in place In August, 2003, attorney Alan Graf faced off with an to ensure that the Ordinance is not used to restrict the right of anyone to enjoy officer trying to enforce the then-”Obstructions as downtown streets. His Chief of Staff, Bob Durston, has stated that if problems do Nuisance” law using guidelines from Mayor Katz (see arise during the course of this pilot project they will not wait 18 months to fix them PPR #30; photo from www.portland.indymedia.org). and they will monitor the enforcement issues as they arise with input from a broad cross section of the community. The City needs to be held to that. While Durston and Sten stress that there has been and will be input from representatives of the homeless community, a question arises regarding the impact of their influence versus that of the business community and law enforcement. A community must be based on the human and civil rights of all who live in that community. Some concern has been raised as to whether this Ordinance will be used against activists who might assemble in the downtown area. The Ordinance does specify that it “doesn’t apply to a person who is part of an assembly that has formed to participate in or observe an expressive event if such assembly lasts less than eight hours unless the person refuses to comply with a reasonable order to move so as to moderate the impact of the assembly on passage along the through pedestrian zone.” This language is open to broad interpretation and the application of the Ordinance to such assemblies remains to be seen.

Eugene Finds Lack of Cop Oversight The report, by the International City/County Management An external review of the Eugene Police Department (EPD) Association (ICMA) and Police Executive Research Forum (PERF) found that lack of supervision and noted that Magaña was hired on a fast track to increase diversity on failure to fully investigate allegations the force, but was not given a background check or psychiatric exam. contributed to the criminal activity As a result, his 1982 arrest for burglary and other criminal records of two officers convicted of sexual were not brought to light, with his file “mysteriously reappearing” abuse. Officer Roger Magaña was after the sex abuse charges were imposed. sentenced to 94 years in prison for The report also blamed supervisors, who failed to correct on-duty incidents of rape and other substandard work or perform employee evaluations, and an crimes (see PPR #33); Juan Lara was “incomplete, illogical and inadequate” internal affairs process for sentenced to 68 months for coercing many problems. The report noted a “widespread desire” for creating Roger Magaña on KVAL- TV when he was women into sexual contact, also on an external police review board, but cautioned that it would need convicted in 2004. duty (PPR #32). proper funding to build public trust (Eugene Weekly, March 17). page 4 MAY 2005 PEOPLE’S POLICE REPORT #35 People’s Police Report MAY 2005 3W 3LI8 PDX Mayor Portland Cops Head to DC For Inauguration: Potter Hits Deputized Mercenaries for the Feds? Critical Mass ÐBMX Style ineteen Portland police officers traveled to Washington, DC for the Critical Mass, while defined by some as “the smallest NPresidential Inauguration on January 20; to participate, they were mass of a fissionable material that will sustain a nuclear deputized as federal agents and worked with US Marshals, DC Metropolitan chain reaction at a constant level,” is also the name for an Police, US Park Police (Secret Service) and the FBI. Despite the Portland unstructured, non-hierarchical coming together of bicycles City Council’s reservations about the lack of oversight for its officers in the in the streets, a movement occurring locally on the last Friday Portland Joint Terrorism Task Force (PJTTF-see p. 1), they unanimously of every month in the North Park Blocks at 5:30 P.M. approved the Portland’s Mayor Tom Potter, who is also Commissioner Memorandum of for the Police Bureau, attended the January Critical Mass ride, Understanding one of the first in recent years in which the police backed off (MOU) allowing and did not aggressively ticket participants (see PPR #28). the officers to go. Potter “is a proponent of both bicycling and alternative forms Although the of mass transportation,” according to John Doussard, the MOU’s wording was Mayor’s Director of Communications, adding that he “does ambiguous, the Police not condone anyone disobeying Portland’s traffic laws.” Bureau claimed that Doussard said Mayor Potter rode in Critical Mass for two the feds and the DC reasons—first, he “feels supporting [alternative transportation] Police would reimburse is an important message to send to our community.” The other the City, one of the reason: “He wanted to see for himself the dynamics of the “selling points” for The March Rap Sheet featured Juanita Downing’s article Council. If our officers “Portland’s Finest Assist with Inauguration,” accompanied by evening’s ride, and witness the interaction between bicyclists photos (also see p. 12). The cops, put on the street to guard and police officers without the filter of the media or those can be whisked off the the President, were “armed with only collapsible batons,” says parties on either side of the debate with their own agendas.” streets by the highest Downing. Our concern, that there was no tangible benefit bidder, when we are for Portland to send the officers to DC, was perhaps “The Mayor rode for an hour with the bicyclists, and then confirmed by her noting that snowfall on the day the officers for an hour with police officers [in a squad car]. He took no constantly told how arrived “negated photo opportunities with President Bush.” preconceived notions into the evening — he had read what understaffed they are, has been written in both the mainstream and alternative media, doesn’t it make them a kind of mercenary squad? and wanted to experience the ride for himself. He enjoyed But our larger concern was possible misconduct by the officers. The talking to both the bicyclists and the officers, and felt he heard police claimed that since a Captain, Lieutenant and Sergeant were among their concerns and learned about their perspectives.” those travelling to Washington, there would be plenty of accountability. When asked about the different levels of police presence However, as deputized federal agents, it is unclear whether Chief at the rides before, during, and after the Mayor rode, Mr. Foxworth and the Police Commissioner (Mayor Potter) could review Doussard replied, “It would be difficult to say if the police their work. The officers, most of whom are part of Portland’s “Rapid presence was ‘high.’There were about 150 or so riders, they Response Team,” might have been used for surveillance or on-the-street were in both lanes of traffic and the ride was at night when repression to target people expressing their First Amendment rights. visibility is poor. So the number of officers may have been The Council never answered what might happen if an officer committed appropriate to ensure safety of both the riders and traffic.” an act of misconduct while in Washington. Would the DC local Internal Since January, according to posts on Portland’s Indymedia Affairs investigate? If so, what possible discipline could they have imposed (such as http://portland.indymedia.org/en/2005/03/314274.shtml), on Portland officers? If not, would Portland’s Internal Affairs Division police presence has gone back up, but officers are mostly (IAD) investigate allegations about an incident 3000 miles away? on bicycles, not on motorcycles or in cars. This minor The flip side of this concern was raised by the City’s bringing in officers victory is being attributed to the difference between Potter from other jurisdictions to patrol the many protests going on in Portland and his predecessor, Vera Katz. For its part, the local for the Inauguration. We wonder whether officers from other agencies mainstream press reacted varyingly to Potter’s decision to who come to Portland can be held accountable since they are not subject ride. Some called the move “puzzling,” wondering why the to review by the Independent Police Review Division or the IAD. As it Mayor wasn’t solving traffic issues “by working on policies happens, the police got into a standoff in Portland with protestors at the and city ordinances and other boring stuff” (Oregonian, end of a permitted march, arresting a few and confiscating the truck of February 2), while others praised him for “making an effort one of the organizers. It’s not clear if they were all Portland officers. to listen to ignored views” (Mercury, February 10). PUBLIC RECORDS NOT SO PUBLIC IN EYES OF POLICE The Mayor’s office chose not to answer any questions about Despite state laws requiring most public records to be open to inspection, Oregon journalists the differences in the Portland events from those in New York, found that many cities and towns in the state were unwilling to comply with records requests, where officials have filed lawsuits against those they feel with “police and sheriff’s offices the least helpful and most intimidating” (kgw.com/Associated organize and promote Critical Mass events. Time’s Up!, a Press, March 13). Their study noted Portland’s records division won’t fill requests like “the non-profit charged with breaking regulations by not applying for last five drunken driving arrests,” because the last five change too frequently. The study a permit, calls the city’s charges “ridiculous, selective enforcement” quoted Tim Gleason at the University of Oregon’s journalism school saying that there is a (www.times-up.org/legal_newswire.php#2005-03-23). During risk of being sued for giving out the wrong information, but “no real cost to saying ‘no.’” the Republican National Convention in New York, 264 people The chief deputy of Wallowa County said “I wasn’t going to hand our files to were arrested one night at Critical Mass. According to anybody....without a subpoena.” On the other hand, Wasco County District Attorney Eric www.stillweridethemovie.com, a movie documenting the Nisley directed their Sheriff to comply, noting “You can’t ask them who they are [or] why Critical Mass movement is scheduled for release in May. they want it...we want to make sure we give people whatever it is they’re entitled to, because For more local info visit www.rosecitycriticalmass.org that’s the purpose of the law.” So...Portland Police, IPR Division, and the FBI—take note. PEOPLE’S POLICE REPORT #35 MAY 2005 page 5 City Challenges FBI For Oversight of Terrorism Task Force (continued from p. 1) First, they said that Senator Ron Wyden had the ability to oversee the activities of the PJTTF to be sure that Portland officers were complying with Oregon law and not investigating people for their ethnic, social, religious, or political affiliations. That turned out to be untrue. Later, in 2003, the FBI offered “Secret” security clearance to the Mayor (who is Commissioner of Police) and the Chief. However, it was later learned that the officers in the PJTTF are given “Top Secret” security clearance, so the elected official in charge of the police employees still does not have equal access to information. In the weeks prior to the vote, Portland FBI Director Robert Jordan told the Associated Press that there were people in Oregon who “have trained in jihadist camps in bad areas, in the bad neighborhoods of the world.” When pressed for details, he refused to provide any. He stuck to his story, even after meeting with concerned members of the Portland area Arab and Muslim community, and after the ACLU and others labelled Jordan’s announcement a scare tactic. On March 23, Commissioner Leonard (a former Portland firefighter) and Mayor Potter (a former Portland police chief) introduced a resolution COLLECT THEM ALL! The Oregonian requiring access to information for the Commissioner/Mayor, the Police editorials calling on the Council toran renew an unprecedentedthe PJTTF--Dec. five 29, Chief and the City Attorney equal to the officers on the PJTTF. This could Feb. 15 & 18 and Mar. 25 & 30. mean lowering the officers’ clearance to “Secret” or raising the other clearances to “Top Secret.” The resolution would have given the FBI 90 days to comply or the City would leave the Task Force. The FBI’s response was swift and clear: There is no way we are going to give top secret clearance to “politicians.” National headlines popped up claiming Portland was planning to vote to leave the PJTTF. The Oregonian ran its unprecedented fourth and fifth editorials urging council not to leave the Task Force. The Portland Tribune interviewed only businesspeople (including the director of the “Citizens Crime Commission”) supportive of the Task Force in their final article on the matter, despite that paper’s earlier history of releasing hundreds of files kept on Portland citizens by the Portland Police (see PPR #28). At the end of the hearing, after 43 Adams voted no (once he realized the nature of the people testified in favor of the motion), followed by Leonard, who was clearly disappointed resolution (or for going further and that the vote would no longer be unanimous. Then leaving the Task Force) and only 8 Commissioner Erik Sten, with the swing vote, spoke at length testified to stay in the PJTTF regardless on the FBI’s past history of misleading the Council about of the clearance issue (or to postpone oversight...but voted to support the motion. With Saltzman a decision), it came time to vote. and Potter chiming in, the vote was postponed. Commissioner Dan Saltzman, who The public testimony, as usual, was impassioned and in the past was a staunch supporter of informed. It began with a roster of organizational the PJTTF, revealed that he agreed to representatives from the ACLU, Japanese American put the resolution on the agenda as a Citizens League (again warning that the end result of bargaining chip to get more unchecked war hysteria is internment camps), the League oversight—but he was swayed by the of Women Voters (urging transparency), Portland US Attorney’s testimony that a National Organization for Women, the Multnomah compromise could be reached within Meeting of Friends/Quakers, International Longshore and The February 24 Mercury accused a few weeks. (The FBI and the US Warehouse Union #8 (who related that the Dept. of the Oregonian and Commissioner Attorney did not bring information to Homeland Security threatened to charge them with Saltzman of using scare tactics. resolve issues at the hearing—such “economic terrorism” for a strike action), the Community as, do other police commissioners have Top Secret clearance? Is there Language and Culture Bank (speaking of the effect of the a way the Portland officers can work in the Task Force without Top Task Force on the Muslim community) and many more. Secret access, since they apparently don’t ever use Top Secret It seems ironic that all this testimony, which seemed to information, but only need it to be able to go unescorted into the FBI keep the attention of at least a few Commissioners at any building to work every day?) Saltzman’s biggest argument to postpone given time, had less influence than the appointed FBI agent the vote, however, was that the media was present and he feared they in charge, the US Attorney and the Chief of Police, when would report that Portland decided to leave the Task Force, even the very issue at hand was that these law enforcement though Mayor Potter explicitly pointed out it was about oversight. officials should not be dictating public policy. To be fair, Saltzman is right, in that at least one TV station Ultimately, Potter announced that he was inviting characterized the vote as being about whether the ACLU to sit in on the negotiations with the FBI as Portland would leave the Task Force—but wrong they work out the details to satisfy the City’s concerns. to postpone in that the vote was a matter of It will be interesting to see whether the FBI, now that principle in the storm of anti-terror hysteria, and the City has revealed it has no intention to withdraw regardless of what the media says, it is up to elected from the Task Force, will concede anything. officials to take principled actions. In summary, the question of who exerts outside Leonard revealed that he had previously dropped influence on the City Council is important, but the politics provisions of the resolution to secure Saltzman’s among elected officials at City Hall play an equal role in Channel 2 (KATU) used support. Potter supported the idea of postponing the this graphic to illustrate its whether public input is ignored. We will continue to vote. Commissioners Adams and Sten were silent story on Mayor Potter monitor the JTTF issue, but it is clear that promoting police when Saltzman made a motion to postpone the vote; asking for more oversight accountability in Portland is as complicated as it ever was, over the Terrorism Task Potter ended up seconding it. It looked like a 2-3 Force (March 23). even under Mayor Katz and her various chiefs of police. vote, with the postponement going down. For more info contact the ACLU of Oregon at 503-227-3186. page 6 MAY 2005 PEOPLE’S POLICE REPORT #35 TASERS INCREASE IN NUMBER, SCRUTINY OF SAFETY CONTINUES s the Portland Police Bureau distributes 270 new Tasers to In San Francisco, UCSF cardiologist Zian Tseng found that Tasers arm every officer on patrol with the 50,000 volt might interrupt the rhythm of the human heart, particularly if they are Aelectroshock devices, serious concerns continue to arise, used for more than one five-second cycle. He told the SF Chronicle on including from the police themselves. January 5, “If you are shocking someone repeatedly, it becomes a bit The December 26 Arizona Republic quoted Portland Training like Russian Roulette. At some point, you may hit that vulnerable period Division Sgt. Robert Day, who said about 30 percent of Portland in the cardiac cycle when shocks can cause dangerous arrhythmias.” officers training with Tasers decided not to volunteer to be hit by In Chicago, the Police Department held off expanding its use of shocks as part of their indoctrination. The article focuses on a Tasers after a 54-year-old man and a 14-year-old boy went into cardiac Maricopa County deputy who suffered a fractured back (a arrest after being tased within a few days of each other. The younger crushed seventh thoracic vertebra) due to being hit by a Taser man survived, but the older man died (Oregonian, February 12). for only one second. One physician attributes the injury to an RECENT NEWS OF TASER-RELATED DEATHS: increased risk for those who are prone to osteoporosis. Sgt. Day told the Republic he wants more information about safety: —Robert Clark Heston, 40, died after his “heart stopped when he was hit with “I’m not just talking about Taser darts” (LA Times February 22). officers, I’m thinking about —Multiple Taser shocks also may have killed citizens. There is obviously Greg Saulsbury in Pacifica, CA, when police a risk there.” stunned him for being uncooperative during a Lawyer John Dillingham, call initiated by his family, who were concerned interviewed in the article, he wasn’t breathing properly (San Jose Mercury News, January 4). sums up the issue: “This is not a problem with law —The family of James Borden won a $500,000 enforcement. It’s a problem settlement with two Indiana counties for his with Taser... Police officers death in jail in November, 2003. Borden died of a heart attack after officer David Shaw are brainwashed into shocked him six times. Shaw is facing criminal thinking that the (stun) charges (Associated Press, January 21). gun is safe, taking a hit during training and then —37-year-old Douglas Meldrum died after being hit by a Taser and pepper spray in his us[ing] it in the field vehicle in Heber, Utah (Deseret News, anytime they want.” The January 24 Columbian featured stories on Taser cases in SW Washington. December 18, 2004). POLICE SPYING LAWSUIT The Justice Department commissioned a study at the University of Wisconsin to test Tasers, but the study will use “anesthetized pigs,” DISMISSED ON TECHNICALITY not humans. Dr. Robert Kaminski of the University of S. Carolina criticized Substance of Peace and Justice that idea since “most deaths have occurred when suspects are shocked Works’ Complaint Not Addressed after taking drugs or running from the police” (NY Times, February 17). On March 2, the U.S. 9th Circuit Court of Appeals Across the river in Clark County, the Columbian ran a front-page rejected a motion to reconsider their earlier decision story on January 24 regarding two high-profile Taser cases there. In dismissing a suit by Peace and Justice Works (PJW) one, from May, 2003 and now the subject of a $1.1 million lawsuit, against the City of Portland for police spying activities. Donald Ray Cross was stepping out of his truck after being pulled The case had been rejected in 2003 by a federal magistrate over for expired tags and an expired license when officer Blayden who claimed the July, 2002 filing date was beyond the two- Wall threatened him with a stun gun. Cross began to unfold his shirt year filing deadline for civil rights suits (see PPR #29). to put it on when Wall fired the Taser, hitting with only one prong, so The clear timeline presented by PJW, member Dan he tased Cross multiple times on the neck causing “multiple electrical Handelman, and their attorney showed they had no knowledge burns.” The other case is of 35-year-old Russian immigrant Olga about the “small number of documents” the Police Bureau had Ryback, who was hit 12 times in 91 seconds with a Taser, also in handed over to the City Attorney in January of 2000 until the 2003, causing “swollen wounds on Ryback’s chest, stomach and back.” City admitted having them in July that year. Because an Oregon In big news, the Security and Exchange Commission (SEC) is statute specifically prohibits the “collection or maintenance” of investigating Taser International for possibly having made false information on those who are not suspected of criminal activity, claims about their product’s safety (Arizona Republic, January 8). Handelman’s attorneys argued that the City had admitted to But Taser International is not backing down, and continues to collecting the information, even if they did not maintain it. But tout its product’s safety. However, their stock fell by 52% as of early as a result of the court’s decision on the deadline issue, the February after having quadrupled in 2004 (NY Times, February 9). question of the collection of information on Handelman with Amnesty International (AI) released a new report in late March no suspicion of criminal activity has not been addressed. counting 103 Taser-related deaths in North America from 2001-2005. The Portland Police in the CIU were involved in these activities, They cite Taser’s website, which shows the weapons did not stop which implies that they may have acted similarly in their capacity suspects nearly one-third of the time. AI called on the company to cease as deputized members of the federal Portland Joint Terrorism Task promoting Taser as having a 95% success rate (see www.amnestyusa.org). Force (see p. 1). PJW’s case underscores the possibility that similar National Lawyers Guild attorney Lynne Wilson asserts that such files exist on a local or national level about other individuals the reason for many of the Taser-related deaths is not the device and groups, perhaps based solely on their political, religious or itself, but subsequent restraints used by law enforcement (Police social affiliations. Meanwhile, PJW awaits the results of the Misconduct and Civil Rights Report Jan/Feb 2004 and Covert ACLU’s Freedom of Information Act Request regarding any Action Quarterly, April 2005). Since Portland has had its share of PJTTF files being held on the group by the FBI (see PPR #34). deaths by “positional asphyxia” (restricting the suspect’s breathing by piling on them or putting them on their stomach while in restraints), For more information contact Peace and Justice Works, which is the parent it would be wise for Portland Police to incorporate precautions into group of Portland Copwatch, at 503-236-3065. its training, since they don’t appear ready to give up Tasers. PEOPLE’S POLICE REPORT #35 MAY 2005 page 7 Five Police Shootings in Seven Weeks (continued from p. 1) Riebling had allegedly forced his way into the The fourth incidentÐthe second chronologicallyÐwas the non-fatal home of his former girlfriend, Teresa Bartle, who shooting of John Vitale, 49, at an apartment building in northwest called police. She managed to get outside, though Portland on February 26. Officers her three children (between the ages of 12 and 22) responded to a call about Vitale were still inside. Bartle allegedly told police “walking around and screaming” Riebling had surveillance cameras around the outside of (PPB news release, February 26). They the home. The police say that a Crisis Intervention Team say when they arrived, Vitale came at officer, Sgt. Scherise Bergstrom, talked to Riebling on the them with a knife, and Officer Stacy phone in an effort to de-escalate the situation. However, Dunn (#43482) shot a live round at when Riebling came to the door at one point, officers shot him. Shortly after, Dunn fired a second at him with a “bean bag” (lead-pellet bag) shotgun. We’re round while Officer Mark Friedman The Oregonian covered Vitale’s shooting, identifying him as “on sure this helped calm him down. Terry Kruger’s brother, (#36237) used a “bean bag” shotgun. probation,” on February 27. Eventually, Riebling came back out of Officer Tadd Kruger, Public Information Officer Brian Previous criminal history is the house carrying something the police was involved in two Schmautz informed our friends at nearly always released by police shootings in 1988 and as a reason to justify shootings. only identified as “an object” for the first one in 1991. Flying Focus Video Collective that 30 hours after the incident. When it was announced that the Officer Friedman is a fully certified Crisis Intervention Team object was an umbrella, police quickly defended Kruger’s (CIT) officer, meaning he had 40 hours of training in de- actions by stating they believed Riebling was armed because escalating situations with people in emotional crisis. Officer both Riebling and the children (“hostages”) claimed he was Dunn had the minumum two-hour CIT training. This raises the (Oregonian, March 21-22 and Portland Police Bureau [PPB]). question, could the suspect have been apprehended without the Another man shot and killed by police just days earlier use of a firearm if both officers were fully CIT trained? was Dwayne Novak, 38, who allegedly confronted two The fifth, earliest shooting took place on February 6, when Portland officers and a Multnomah County Sheriff’s reserve officer Michael Hayward (#39233) fired at a suspect during Deputy with a knife on March 12. The police were called a traffic stop and hit a closet instead. Apparently, Lee Harrison to a motor home in Scappoose by a 14-year old who had Hardman, 36, had driven away from the officers moments earlier witnessed Novak assaulting her grandmother, Norma and was pulled over with the assistance of a civilian. When Murff, 74. Novak apparently killed Murff and was Hayward mistook a gesture as ransacking the house when Officer William Gillentine Hardman reaching for a gun, he (#38034), Officer James Nett (#41052) and Deputy Jeffrey shot his weapon, missing Schneider all shot him (Oregonian, March 14-15, and PPB). Hardman and hitting a nearby This incident is significant—it is the second time in five house, where the bullet traveled years Portland Police were involved with other agencies in through several walls and came to a fatal shooting. In 2000, Justyn Gallegos was shot by the rest in a closet. The homeowner, PPB, Troutdale and Gresham police (see PPR #22). The Nanci Hopkins, told KGW-TV on Police Assessment Resource Center (PARC), which is Nanci Hopkins showed KGW-TV February 9 that the bullet came reviewing shootings from 2000-2001, refused to review the hole in her house from a bullet within inches of her bed. Hardman fired by Portland Reserve Police this case despite Portland Copwatch’s urging them to Officer Michael Hayward. The bullet was arrested for one count of review the procedures when multiple agencies are landed in her closet, barely missing Driving Under the Influence of involved in deadly force situations. Even if PARC reviews her bed (February 9). Intoxicants and one count of the Novak case, it won’t be until at least 2007. Attempting to Elude a Police Officer (PPB News release, February 9). Gilbert King was The third incident, which happened most In the meantime, there were at least two incidents where shot on the one- recently, was the March 28 shooting of officers shot and killed dogs during alleged meth raids (one was year anniversary of the shooting of Gilbert Thomas King, 35. King allegedly on Feb. 17). These raids often do not turn up any drugs and James Jahar Perez put the pickup he was driving into reverse sometimes do not end in convictions. It appears, though, that no (March 28, 2004— as officers approached him, and rammed Use of Force Board, Humane Society, or any other group has see PPRs #32-34). the police car. The officers, Michael Honl been questioning the frequency with which police are killing dogs. (#33525) and Dell Stroh (#39607) shot nine bullets, missing What can we learn by looking at these recent shootings? For both King and his passenger. King received a head wound one, the shootings have once again come clustered fairly close from the crash (Oregonian, together (two 20 days apart, then three all separated by 8 days). March 30-31 & April 12 And, after two years in which every shooting was fatal and five of and PPB). It is unclear eight victims were people of color, three of the five recent incidents why King is being did not result in death and none were reported as involving people charged with attempted of color. Finally, neither the PARC report nor the Attorney aggravated murder, since General’s report adequately addressed ways to minimize the the officers were not in number of shootings (more on p. 9). One exception is the directive their car at the time. It is requiring officers to report when they draw their weapons (see similarly unclear whether Rapping Back, p. 10). A caution: simply because these shootings these officers’ actions appear to be “justifiable” under the circumstances does not mean would violate the new they were necessary. The community should continue pushing for policy proposed by Chief policy and training that encourages de-escalation over deadly force. Foxworth restricting For a detailed list of Portland Police shootings and deaths in custody shooting at vehicles (see Members of the Latino Network and others remembered Jose Méjia Poot from 1992-2005, see the Portland Copwatch website at Foxworth’s Foxhole, p. 11). four years after his death on April 1. http://www.portlandcopwatch.org/listofshootings.html. page 8 MAY 2005 PEOPLE’S POLICE REPORT #35 ATTORNEY GENERAL ISSUES(continued fromREPORT p.1) ON POLICE USE OF DEADLY FORCE: Suggests Publishing Grand Jury Testimony ¥ Focus on Aftermath, “Cycle” of Shootings Won’t Lower Incidents regon Attorney General Hardy Myers released a report in late March with recommendations for statewide guidance regarding officer-involved shootings and other deadly force incidents. The most promising recommendation in the report is a recommendation Othat grand jury testimony in these cases be transcribed and publicly released, whereas currently all grand jury testimony is sealed. The main theme of the report is reflected on its cover, showing a cycle beginning with planning for an incident and ending with revising those plans. In other words, the report, like the Police Assessment WHEN DUTY AND LIFE COLLIDE: Resource Center (PARC) report on Portland deadly force incidents, accepts that officer-involved COMPREHENSIVE APPROACHES TO PEACE OFFICER USE OF DEADLY FORCE shootings are inevitable and addresses more of the aftermath than the prevention of such incidents. The report rejects the concept of having the Attorney General’s office (AG) take over the prosecution from District Attorneys (DAs) in cases involving officer use of deadly force. Despite concerns expressed by Revise Community-Wide Community-Wide Planning Plans Process; Creation of Plans For Evaluation and All Elements the community about the apparent conflict of interest this presents the DAs (who need to work with police Resolution of Civil Liability Issues on a daily basis to prosecute others), the AG seems to feel that since DAs are elected, the community can Local After-Action hold them accountable over what will be perhaps four to ten cases a year in a city the size of Portland. Debrief Statewide Data The report also rejects the idea of setting statewide standards for when police may use deadly Collection Community Education force, leaving such details to the discretion of individual communities. Evaluation & & Officer Training Resolution of The task force, which was made up of 86 individuals, most of whom were police chiefs, Employment Issues Exercise of District Immediate Aftermath Attorney Investigation (Support for Officers, officers, or their attorneys (only seven “citizen participants” are listed in the roster) focused Discretion to Resolve Family, Community) Potential much of its energy on trying to get the community to understand how Criminal Responsibility difficult it is to be an officer. We do not debate that being a police officer Report and Recommendations is not an easy job; however, the end result of this report might be the by Attorney General Hardy Myers escalation of police use of force. The community is being asked to accept Issued March 22, 2005 that deadly force is inevitable, and not to be outraged even in situations The AG’s report features a cyclical in which the person who is shot was unarmed and posed no real threat. diagram on the cover regarding planning for the aftermath of police shooting The report does capture, in the form of interspersed quotes, some of the public’s incidents, supporting the unfortunate concerns: a black man fearing being approached by an officer at a traffic stop; notion that they are inevitable. the need for more de-escalation training; and the suggestion that officers should Attorney General consider retreat as a viable option. However, most of these concepts are not included in the main body of the report. Myers held several The report also recommends writing into law that inquest juries, which determine who died, when they died, “listening sessions” to gather community where they died, and how they died, not be held until after a grand jury hearing for officers. The inquest in the James input. The Alliance for Jahar Perez case was delayed until after the grand jury only because the Portland Police Association threatened to sue Police and Community the District Attorney (see PPR #32). However, the 1985 inquest jury in the death of Tony Stevenson returned a verdict Accountability convinced him to hold of “negligent homicide,” which gave the grand jury reason to indict the officer who killed Stevenson with a choke one final, open hold. The officer was not indicted. Given law enforcement demands to have as much testimony as possible heard hearing on March 6. behind closed doors, the codification of this order of events seems only to serve police interests, not the public’s. Like the PARC report, the AG’s report glosses over the question of race, despite the high percentage of people of color shot and killed in Portland in the last few years. It does recommend expanded cultural sensitivity training depending on the needs of each community in Oregon. As for the proposal to release grand jury transcripts, the proposed bill incorporating ideas from the report (SB 301) includes numerous loopholes that would allow the police to prevent the release OTHER OREGON POLICE SHOOTING/DEATHS IN CUSTODY NEWS: of such information. Other ideas in the report with positive —Chief Foxworth considered firing Sgt. Bert Nederhiser for shooting his gun past potential include that the primary agency involved in a other officers during an attempt to apprehend unarmed murder suspect Russel Stoneking in 2002 (Oregonian, January 22). The incident ended when 26-year-old shooting should not investigate the incident without Stoneking (who was not hit) jumped six stories in the Hotel Vintage Plaza, breaking outside help. It also suggests increasing Crisis Intervention his arms, legs, neck and back. Other officers had fired “beanbags” and Tasers to Training for all officers, requiring psychological exams no avail. The Oregonian reports that Foxworth “cited Nederhiser for not actively for officers involved in deadly force incidents, creating participating in the tactical plan...and not being truthful when he claimed a greater community dialogues with police, and contacting the leadership role” in the arrest. Later, Nederhiser* was demoted to officer and filed a family of the victim before releasing information. civil rights lawsuit against the city for “irregularities” in the investigation against him Interestingly, the report reveals that in some and for releasing “false information” to the media about him (Oregonian, April 8). jurisdictions (Marion County and Jackson County’s ÐWashington County Sheriff’s Deputy Jarrod McCreary shot Kerry Prowse in the protocols are included as examples), officers may be leg after a car chase led them to the parking lot of a private school in West Portland. requested to take an alcohol/intoxicant blood/urine test. Prowse, 34, allegedly was driving toward one of the deputies on the scene when Many people in Portland have wondered why that is McCreary fired (KGW-TV, April 15; Washington County Sheriff’s Office, April 18). not standard procedure after shootings that occur here. ÐOn April 4, Descutes County Deputy Justin Alps shot Gregory Willis, 43, after he The report notes that these tests are not consistently rammed one police car and attempted to ram a second one during a traffic stop for speeding. Willis was wounded in the shoulder, fled, and was found hiding in a tree. applied, but stops short of recommending that such tests Willis is charged with attempted murder among other crimes (Bend.com, April 7). be part of every investigation. Portland Copwatch ÐCoos County Sheriff’s deputies shot and killed Ronald Oxford, 38, when he ran at Overall, it is good that the AG had a representative convened the task force and issued at the “listening them with a knife and hatchet on March 30 (Eugene Register-Guard, April 1). session” involving the —Sherman County Sheriff Brad Lohrey shot and killed Cody Jack Childress, 23, the report. In part, it was done to Albina Ministerial during a standoff on March 8 in Grass Valley when he and Oregon State Police address bills currently before the Alliance and other Trooper Kaipo Raiser mistook a pair of binoculars for a gun. Lohrey’s .40-caliber Oregon legislature, introduced by Portland community Glock killed Childress with a bullet to the head. It was the County’s first fatal officer- former Rep. Joe Smith and current organizers. involved shooting (KOIN-TV/AP and Oregon State Police, March 9; Oregonian, April 2). Sen. Avel Gordly. On the other hand, since the AG only —On February 12, Clackamas County Deputy Scott King shot and wounded a held a small number of “listening sessions” with members suspect after an 80-mile-an-hour chase on I-205. The suspect allegedly “exchanged of the public, many concerns remain unaddressed. gunfire” with the deputy (Oregonian, Portland Tribune and Clackamas County The AG’s report is available on line at Sheriff’s Office, Februrary 15). http://www.doj.state.or.us/pdfs/deadlyforce.pdf. PEOPLE’S POLICE REPORT #35 MAY 2005 page 9 *corrected for web version column. In defending the Police Association’s refusal to oppose Ballot Measure 36 (which denied gays and lesbians the right to marry, affecting at least a few police officers), Turner, who is African American, revealed Portland Copwatch analyzes his feelings about discrimination. “I have dealt with racism in college, the police ‘union’ newsletter Ðcontinued from back pageÐ the military and as a cop and a civilian.” Hearing more stories like this might help those “anti-bigophobes” like Malanaphy. “CONTEMPT OF COP” (continued) On the bright side, Walsh says that sometimes officers Right and Wrong #2: The Irony Award Goes To... Last fall, the Chief’s took the time to talk to citizens about the shooting Forum gave a “Certificate of incidents and that dialogue helped defuse tensions. Appreciation” to Applebee’s Walsh praises officers who patrolled protests after the restaurant for “promoting invasion of Iraq in 2003: They showed “professionalism community policing in a and self control” in the face of “disgusting .. verbal distinctive way.” Officers But officer, I’m involved in shooting Kendra abuse and pure hatred shown those officers.” Looking merely exerting my James in 2003 infamously used at the videos of police pepper-spraying unarmed, presence by pointing my nonviolent protestors makes me think otherwise. umbrella at you... Applebee’s to talk before being interviewed by detectives (see Moving from the police to their supporters, #1 fan PPR #30).—January Rap Sheet. Juanita Downing, now a regular contributor to the Rap DRAWING YOUR GUN: MERE PRESENCE? Sheet, titled one of her three March columns “Thanks Officer James Hurley writes about the Police Police Shootings: North Precinct, you are the best.” Referring once again to Bureau’s recent requirement to document pointing Forced to Do it, the public outcry surrounding the police shooting of unarmed a gun as a “use of force” (Rap Sheet, March 2005), motorist Perez, Downing writes, “it horrified and angered which arose from the community concern that police Don’t Question Us are drawing and pointing their weapons in situations me to see the public and the media turn on the very people that don’t warrant deadly force. Prior to the five police who are trying to protect them from the scum of society.” Hurley claims officers tell him they now hesitate before shootings in 2005 (see p. 1), But she’s not the only one comparing suspects to drawing their weapons, which he says puts them in several officers took time to “scum.” An article on “Testifying in court: A police danger. He quotes a Police Marksman magazine write about officer-involved primer” printed in the January Rap Sheet by John Fuller article about when it is justifiable to draw a gun. The shootings and how they see (identified only as “Preparation”) includes some really article says police are not “required to wait until the citizens’ input regarding these good advice for police. He suggests to officers that they deadly force threshold is met. The standards are extremely low. You are merely required to suspect life-and-death events. “ALWAYS TELL THE TRUTH. Don’t lie, exaggerate, that there might be some indications of deadly threat Det. Peter Simpson wrote in omit, distort, overstate, or otherwise ‘stretch’ the truth.” based on the totality of the circumstances.” January about the shootings of It might, however, undermine the court case if Hurley argues that pulling out a gun, like standing in Bruce Clark, a robbery suspect officers disclosed the entire truth as seen by Fuller: a police line with a riot baton in hand, is a “threat of with a knife, and Willie Grigsby, “Predictably, the scumbag you arrested a few months force,” along the lines of “mere presence and/or who allegedly fired at police and ago will look like an investment banker when he arrives verbal control.” Since the gun can’t cause injury until was shot at least 13 times, and in court... Don’t gloat or sneer at the defendant, his the officer pulls the trigger, he argues, it is not use of whom officers then shot with 22 lying friends or his shyster lawyer.” force. Why is it, then, that when an officer sees a gun pointed at him, deadly force is justifiable? bean bags and several Taser zaps (see PPR #34). Simpson notes Race and Criminal Justice that “few critics surfaced” about these shootings, stating that the cops In the March Rap Sheet, Det. Mike Malanaphy responded “deserve to be honored” for their behavior in these two cases. to a January 24 Oregonian column by S. Renee Mitchell Simpson then revisits the old “I had no choice but to shoot” argument. about racial bias in the justice system, complaining that she “Contrary to many beliefs, we don’t have many choices in our line of failed to use statistics to prove her point. “In this community, work... we don’t get to choose when or where a deadly force encounter minority males commit serious crimes well in excess of their will occur,” he begins. But Simpson explains that every officer has at proportion of the population at large,” Malanaphy writes— some point used “mental and physical training” to exercise an option without providing any statistics. He refers to an Oregon other than deadly force in situations where such force might be justifiable. Supreme Court report from a few years ago which Then he contradicts himself by saying “Some folks ‘out there’ would like “basically found the system racist, but curiously it didn’t to believe that there is always another option, but it’s simply not true.” identify any racists.” This logic is like saying you can’t Simpson suggests that both Clark and Grigsby “forced our officers claim that beer commercials unfairly exploit women into situations where the only option was to use deadly force.” He then without identifying specific misogynists in the advertising further removes responsibility from the officers by suggesting “maybe industry—it’s not the individuals’ actions but the ‘suicide by cop’ had crossed their minds.” (The March 23 Oregonian institutional behavior that is in question. also suggests that Ronald Riebling committed “suicide by cop” when he Malanaphy coins pointed an umbrella in a towel at them [see p.1]. As noted before, the “HARD WORK” TRUMPS ACCOUNTABILITY? the term “bigophobes” Oregon Right to Die act is for doctors to help the terminally ill, not for President King used January’s Rap Sheet to for people who, in his police to fulfill wishes of criminal suspects by dispensing street justice.) express disappointment in “how little regard some people seem to have for the working estimation, believe In a special aside to our group, Simpson refers to a quote in the Oregonian Police Officer of Portland.” He notes that the system is racist regarding the time it took for paramedics to attend to Grigsby. “Dan many problems in the criminal justice because they hate Handelman, the Portland copwatcher who always seems to have an system—the lack of jail beds, clogged courts, opinion, says he’s concerned about the length of time that it took the suspects budget cuts for police and lack of drug white racists. rehabilitation programs—are not the fault of In contrast, in a to be treated by medical personnel. ... Handelman’s only experience with the cops. “Despite all our hard work and great rare admission that defiant people is when his inner-child and he argue over whether the successes and accomplishments throughout macaroni and cheese should have hot dogs cut up and mixed with it.” the year, there is still a chorus of anti-police racism exists, Daryl sentiment that is given a voice all too often.” Turner, Vice President Actually, I love vegan hot dogs in my mac and soy cheese, that doesn’t As is the mistake of many in power, the idea of the PPA, exposed trouble me a bit. Excessive use of force on dying people, and the that people want to hold police accountable a previously unknown unquestioning power of the state to take human life, that bothers me. for actions and policies they are responsible sensitive side in his PPA President Robert King weighs in on deadly force in the February for is interpreted as “anti-police.” January Rap Sheet Rap Sheet. Referring to the 2003 PARC report and its(continued on p. 9) page 10 MAY 2005 PEOPLE’S POLICE REPORT #35 FOXWORTH’S FOXHOLE POLICE SHOOTINGS Ðcontinued from p. 10 Ð Portland’s Chief Allows for 89 recommendations about police use of deadly force, King notes Retreat, Hires From Within that the Bureau is updating its policies, putting a Use of Force Review COMMON SENSE DRIVES NEW POLICY ON SHOOTING AT CARS Board in place, and changing how investigations are done. “Most of In March, Portland Police Chief Derrick Foxworth introduced a proposed policy which is good,” he notes, qualifying, “However, as officers we increas- regarding police shooting at moving cars: Get out of the way and don’t shoot ingly find ourselves on the losing end of the equation when the Bureau’s unless you can’t escape. Though the policy is based on recommendations from choice is to be responsive to the community or support its officers.” the Police Assessment Resource Center (see PPR #31), it also reflects community It never ceases to amaze how the improvements of police policies concerns following the shooting death of unarmed motorist Kendra James in 2003. which can benefit both the officers and the community (and in many According to the March 10 Oregonian, the policy “explains that a moving vehicle cases, which have been watered down to address the concerns of the with an incapacitated driver could become an ‘uncontrolled dangerous weapon’,” police) can be interpreted as a “losing” proposition for the police. warns that innocent passengers could be harmed, and prohibits officers from King describes the importance of emotional recovery for using “poor tactics or positioning as justification for discharging a firearm at a officers involved in deadly force situations, repeating again the moving vehicle.” We hope this change leads to fewer incidents such as the two police “no choice” mantra: “When we are forced to shoot, it is to recent shootings where officers fired at cars and missed their targets (see p. 1). defend our lives or the lives of others. A traumatic or critical EX-CAPTAIN’S “SWEETHEART DEAL” PROVEN incident is traumatizing because ‘it is a situation that results in On January 24, Chief Foxworth responded to Portland Copwatch’s news release an overwhelming sense of vulnerability or loss of control,’ about the hiring of former Internal Affairs Captain Darrell Schenck as a consultant according to Roger Solomon of Police Psychologists.” to restructure the Bureau’s Early Warning System (PPR #34). Noting that Schenck To his credit, King states flatly as a matter of fact, “We need to retired in December, we expressed concern that he would receive both retirement talk with a professional therapist” in the aftermath of a shooting. pay and a consulting fee to do what should have been part of his job. Foxworth This is important because so many police fear it is embarrassing to accidentally proved our point by saying that while pondering how to implement an “Early Intervention System” modeled on Phoenix, Denver and Seattle without creating seek help, while King acknowledges it is no big deal. “another command level position to manage...a six month to one year project,” they In the same issue, VP Turner argues that officers should have turned to Schenck. Foxworth said the Human Resources bureau explained that as more say in the policy on time off after a shooting. “When we are “a short-term contract, it would be cost prohibitive to recruit outside the organization.” involved in controversy because of actions we take in the line of In other words, Schenck was handed a sweetheart insider deal, just as we alleged. duty, we all of a sudden have a multitude of community meetings... We rely on recommendations from so-called community leaders, The People’s Police Report is published three times a year by Portland Copwatch, a civilian group promoting police accountability through citizen action. Issue #35, May who have no police experience, to help ‘reform’ our policies.” 2005, print date 4/21/05. Portland Copwatch is a project of Peace and Justice Works, a This tired argument needs to be addressed: We’re not doctors at tax-exempt educational organization. Find our 1993 “Proposal for an Effective Civilian Portland Copwatch, but we know that it’s wrong to sew surgical Review Board” on line at our website: http://www.portlandcopwatch.org. Subscribe instruments into a patient’s open wound. Some aspects of how police to the PPR for $10 a year, or to order extra copies or back issues, send $1.00 per issue do their jobs come down to common sense and community standards. to Portland Copwatch, PO Box 42456, Portland, OR 97242. Letters/submissions welcome. Contact us by e-mail: [email protected]. Right and Wrong #3: The Role of the Police “Union” “One of the things we will be doing is informing this new council about the good Information on authors of this issue is available in the print version of PPR #35. bad right and wrong as we see it with the Bureau and the work we Call us at (503) 236-3065 for more info; report incidents with the police or Sheriff’s do.”—PPA President Robert King, Rap Sheet, January 2005 deputies to the Copwatch Incident Report Line at (503) 321-5120. The Portland Police Association does not set policy. However, some PPA leadership This issue exported for web posting August 13, 2005. and officers express negative attitudes toward citizens and civilian oversight in their newspaper. We worry these ideas may spread throughout Portland’s rank-and-file. Enclosed is $10 to receive one year of the People’s Police Report by mail. The Rap Sheet is available from the Portland Police Association, 1313 NW 19th, Portland, OR 97209. The PPA’s website is www.portlandpoliceassociation.com Enclosed is a sustaining donor pledge of $15-25. I understand I will receive the PPR and all other mailings from Copwatch. If police want to search you, If you are Copwatching, be Enclosed is a donation of $______to support your continuing work. they may pat you down to sure to let officers know you check for weapons. Make it don’t intend to interfere with the Enclosed is $_____ ($10-30 sliding scale) to become a member of clear you do not consent to arrest. This means staying ten Peace and Justice Works/Portland Copwatch. feet or more away from the any further search. If they say Enclosed is $______for ___ copies of PPR #_____ and/or action and not trying to distract they have a search warrant, the officers or the arrestee’s $30 for a full set of issues #1-34. ask to see it. If they are attention. searching your home or your I’m donating, but I don’t wish to receive mail. car with “probable cause,” If you are the victim of police misconduct, be sure to get the Please add me to your e-mail list. My e-mail address is: make it clear you do not names of all officers involved ______consent to a search. and supervisors names if If you are arrested, you do possible. Get names and Please take me off your mailing list. not have to answer any numbers of any witnesses to Clip and mail this slip back to us at PO Box 42456, Portland, OR 97242. questions, other than the action. Make checks payable to: Peace and Justice Works/Copwatch. identifying yourself. Don’t offer If you are the victim of police Be sure your name, address & (optional) phone number are on this slip.

excuses or explanations. misuse of force, document injuries Anything you say can be used right away. You may wish to pursue ➔ CLIP AND SAVE THIS “YOUR RIGHTS AND THE POLICE” CARD

any number of routes, from filing a against you. Just say, “I want ➔ We have cards available in English (Left), Spanish, Russian, Serbo- to talk to a lawyer.” If you don’t complaint with the Independent Croatian, and Vietnamese. If you can translate and/or typeset into other

have a lawyer, ask the police Police Review Division (IPR) to languages, want more copies or can print more copies for us on card how to contact one. pursuing a lawsuit. ➔ stock, contact Portland Copwatch at (503) 236-3065. PEOPLE’S POLICE REPORT #35 MAY 2005 page 11 RAPPING BACK

Portland Copwatch member Dan Handelman analyzes the Police “Union” newsletter, the “Rap Sheet” for the People’s Police Report Portland’s Po-Po Poo-Poo People Power

Right and Wrong #1: What If Clergymen Had Pepper Spray and In a diatribe in the February Rap Sheet, Officer Stuart Semi-Automatic Weapons? “Dishonesty and brutality are news Palmiter chastises Multnomah County Commission Chair [because they are] exceptional, unusual, not commonplace...one Diane Linn for spending money to remind “criminals” (aka half of one percent of police officers misfit that uniform. And that’s suspects) to go to court. “What would you call, the phone booth a better average than you’d find among clergymen.” —Editor along the streets of Portland? Because that is where the drug Peter Simpson, Vice President of the Portland dealers and drug users are.” Police Association (PPA), quoting Paul Funny, we remember a number Harvey in the March Rap Sheet. of cases such as a police chief’s son, a deputy DA and a CONTEMPT OF CITIZEN neighborhood involvement ometimes when we hear complaints of officer who were all busted for police misconduct, the incident can be drugs (PPRs #13&34). S summed up with the phrase “contempt Palmiter lists the reasons of cop.” Civilians, though they have no legal suspects don’t show up in court: obligation to be polite to officers, sometimes “1) They do not want to go. are thrown to the ground, taken to detox, 2) They are so high on drugs or cited and/or arrested for showing disrespect. too busy trying to get their next In recent months, the Rap Sheet has 19 Portland officers stand in formation at the Presidential Inauguration fix that they do not care if they shown that the PPA and its supporters hold in Washington, DC (March Rap Sheet). The officer on the front left miss court. 3) They are too busy civilians in contempt, with no consequences. appears to have a gun, though they allegedly only had batons (see p.5). committing new crimes to be bothered with going to court. 4) There are no consequences for missing court!” So much for innocent until proven guilty. In the March issue, Sgt. Pat Walsh of Drugs and Vice describes how after Kendra James was shot, “angry citizens told us what they thought, and much contact was quite hostile.” After police shot James Jahar Perez, Walsh says, the outcry was loud and “often turned to violent confrontations.” I recall only one incident–in which officers pepper-sprayed a young man who crossed the police line trying to see what had happened to Perez. (continued on p. 10)

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